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Book (series)Improving the legal framework for participatory forestry
Issues and options for Mongolia
2006Also available in:
No results found.This paper represents part of an area of work in support of enhancing access to land and forest resources in support of rural livelihoods in Mongolia. It is based on learning emerging from an ongoing FAOsupported project called: Support to the development of participatory forest management (TCP/MON/2903). This project has involved the development (through extensive community-level consultations in forest areas) of a detailed Concept Document for the design and implementation of participatory for estry. It has also resulted in in-depth review of the legal opportunities and obstacles currently faced by participatory forestry. -
Book (series)Statutory recognition of customary land rights in Africa
An investigation into the best practices for lawmaking and implementation
2010Also available in:
No results found.Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations ' formal legal frameworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized. -
Book (stand-alone)Free Prior and Informed Consent: An indigenous peoples’ right and a good practice for local communities 2016
This Free, Prior and Informed Consent (FPIC) Manual is designed as a tool for project practitioners of a broad range of projects and programmes of any development organization, by providing information about the right to FPIC and how it can be implemented in six steps.
In an FPIC process, the “how”, “when” and “with and by whom”, are as important as “what” is being proposed. For an FPIC process to be effective and result in consent or lack of it, the way in which the process is conducted is paramount. The time allocated for the discussions among the indigenous peoples, the cultural appropriateness of the way the information is conveyed, and the involvement of the whole community, including key groups like women, the elderly and the youth in the process, are all essential. A thorough and well carried FPIC process helps guarantee everyone’s right to self-determination, allowing them to participate in decisions that affect their lives.
This FPIC Manual will ena ble field practitioners to incorporate FPIC into project and programmes’ design and implementation, ensuring that indigenous peoples’ rights are duly respected. FPIC can be considered the “gold standard” because it allows for the highest form of participation of local stakeholders in development projects.
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